It is very common forbusiness people and in-house lawyers to assume that theirprocedures for benefit determinations and benefit determinations onreview have been vetted by counsel and are fully ERISAcompliant.
Defending ERISA litigation is a reality that can beexpensive and frustrating. To minimize potential headaches andcosts, it is important not to inadvertently give your opponent anyunnecessary advantages.
One potential pitfall involves ERISA's detailed requirements forthe timing and content of benefit determination notifications and benefitdeterminations on review, as well as the requirements for appealsof adverse benefit determinations. Many of these requirements arefound in the Department of Labor's (DOL) rules regulating disability claims procedures (29 C.F.R. §2560.503-1).
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